People v. Ramirez CA2/2

BACKGROUND

Defendant was convicted of first degree murder in violation of section 187, subdivision (a), with true findings that the crime was gang related (§ 186.22, subd. (b)(1)(C)) and that a principal (codefendant John Ramirez) personally and intentionally discharged a firearm causing death to the victim (§ 12022.53, subds. (d) & (e)(1)).2 Defendant was sentenced to 25 years to life in prison for murder and a consecutive firearm enhancement of 25 years to life. The court stayed the remaining firearm enhancements. Defendant appealed, and we affirmed the judgment in People v. Ramirez (Nov. 9, 2018, B280623) (nonpub. opn.) (the appellate opinion). The evidence summarized in the appellate opinion shows that shortly after midnight on April 20, 2012, defendant, his

All further statutory references are to the Penal Code, unless otherwise indicated. We will refer to defendant’s brother John Ramirez and his father Miguel Ramirez by their first names, to avoid confusion.

2 father Miguel and others were drinking at a bar they all frequented. Defendant argued with the victim, Martin Contreras, mentioning the Westside Longo gang several times and telling Contreras and his…